Orders of Compliance, Cease and Desist Orders, Orders of Denial, and Other Orders, 46964-46968 [2014-18294]

Download as PDF 46964 Federal Register / Vol. 79, No. 155 / Tuesday, August 12, 2014 / Rules and Regulations CATTLE AND CALVES 1—Continued State/Unit (1,000 head) 38. Importer 2 ........................................................................................................................................................... Directors 5,927 6 1 2011, 2012, and 2013 average of January 1 cattle inventory data. 2 2010, 2011, and 2012 average of annual import data. * * * * * DEPARTMENT OF TRANSPORTATION 4. In § 1260.312, paragraph (c) is revised to read as follows: Federal Aviation Administration § 1260.312 Remittance to the Cattlemen’s Board or Qualified State Beef Council. 14 CFR Part 13 ■ * * * * * (c) Remittances. The remitting person shall remit all assessments to the qualified State beef council or its designee, or if there is no qualified State beef council, to the Cattlemen’s Board at P.O. Box 803834, Kansas City, MO 64180–3834, with the report required in paragraph (a) of this section not later than the 15th day of the following month. All remittances sent to a qualified State beef council or the Cattlemen’s Board by the remitting persons shall be by check or money order payable to the order of the qualified State beef council or the Cattlemen’s Board. All remittances shall be received subject to collection and payment at par. 5. Section 1260.316 is revised to read as follows: ■ § 1260.316 Paperwork Reduction Act assigned number. The information collection and recordkeeping requirements contained in this part have been approved by the Office of Management and Budget (OMB) under the provisions of 44 U.S.C. Chapter 35 and have been assigned OMB control number 0581–0093. Dated: August 7, 2014. Rex A. Barnes, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2014–19029 Filed 8–11–14; 8:45 am] pmangrum on DSK3VPTVN1PROD with RULES BILLING CODE P VerDate Mar<15>2010 17:28 Aug 11, 2014 Jkt 232001 [Docket No.: FAA–2014–0505; Amdt. No. 13–36] RIN 2120–AK43 Orders of Compliance, Cease and Desist Orders, Orders of Denial, and Other Orders Federal Aviation Administration (FAA), DOT. ACTION: Immediate final rule; request for comments. AGENCY: This rulemaking provides the opportunity for an informal conference with an FAA attorney before an order is issued under the FAA’s regulation covering orders other than certificate action and civil penalty orders. This change is necessary to provide additional fairness and process to those persons who are subject to such an order, and is consistent with the process available in other enforcement actions. These conferences may result in either a resolution of the matter or a narrowing of the issues, thereby conserving resources for respondents and the FAA. DATES: Effective October 14, 2014. Submit comments on or before September 11, 2014. ADDRESSES: Send comments identified by docket number, FAA–2014–0505 using any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your comments electronically. • Mail: Send comments to Docket Operations, M–30; U.S. Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room W12–140, West Building Ground Floor, Washington, DC 20590–0001. • Hand Delivery or Courier: Take comments to Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • Fax: Fax comments to Docket Operations at 202–493–2251. Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the SUMMARY: PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL– 14 FDMS), which can be reviewed at www.dot.gov/privacy. Docket: Background documents or comments received may be read at http://www.regulations.gov at any time. Follow the online instructions for accessing the docket or Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: For technical or legal questions concerning this action, contact Edmund Averman, Office of the Chief Counsel (AGC–210), Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267–3147; email Ed.Averman@faa.gov. SUPPLEMENTARY INFORMATION: Good Cause for Immediate Adoption Section 553(b)(3)(A) of the Administrative Procedure Act (APA) (5 U.S.C. 553) authorizes agencies to dispense with notice and comment procedures for rules when the agency for ‘‘good cause’’ finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under this section, an agency, upon finding good cause, may issue a final rule without seeking comment prior to the rulemaking. The FAA finds that notice and public comment to this immediately adopted final rule are impracticable, unnecessary, and contrary to the public interest. This rulemaking provides the opportunity for an informal conference with an FAA attorney before an order is issued under § 13.20. Since this change provides additional fairness and process to those persons who are subject to such an order, this amendment should not adversely impact those covered by an order. In fact, these conferences may result in a resolution of the matter or, in some cases, a narrowing of the issues, thereby conserving resources for respondents and the FAA. Finally, these conferences are optional. E:\FR\FM\12AUR1.SGM 12AUR1 Federal Register / Vol. 79, No. 155 / Tuesday, August 12, 2014 / Rules and Regulations Therefore, the FAA has determined that notice and public comment are unnecessary. pmangrum on DSK3VPTVN1PROD with RULES Comments Invited For the reasons noted above, the FAA is adopting this final rule without prior notice and public comment. The Regulatory Policies and Procedures of the Department of Transportation (DOT) (44 FR 1134; February 26, 1979), provide that, to the maximum extent possible, operating administrations for the DOT should provide an opportunity for public comment on regulations issued without prior notice. The FAA invites interested persons to participate in this rulemaking by submitting written comments, data, or views. The agency also invites comments relating to the economic, environmental, energy, or federalism impacts that might result from adopting the changes. The most helpful comments reference a specific portion of this rule, explain the reason for any recommended change, and include supporting data. To ensure the docket does not contain duplicate comments, please send only one copy of written comments, or, if you are filing comments electronically, please submit your comments only one time. The FAA will file in the docket all comments we receive, as well as a report summarizing each substantive public contact with FAA personnel concerning this rulemaking. Once the comment period closes, the FAA will review and dispose of the comments filed in the rulemaking docket. Because this is a final rule, the FAA will publish a disposition of comments in the Federal Register. Based on the comments received, the FAA will state whether it has decided that (i) no action is necessary other than publishing the disposition of comments in the Federal Register, or (ii) the FAA should prepare a revised final rule. Proprietary or Confidential Business Information Do not file in the docket information that you consider to be proprietary or confidential business information. Send or deliver this information directly to the person identified in the FOR FURTHER INFORMATION CONTACT section of this document. Mark the information that is considered proprietary or confidential. If the information is on a disk or CD ROM, mark the outside of the disk or CD ROM and also identify electronically within the disk or CD ROM the specific information that is proprietary or confidential. Under 14 CFR 11.35(b), when the FAA is aware of proprietary information VerDate Mar<15>2010 15:41 Aug 11, 2014 Jkt 232001 filed with a comment, the agency does not place it in the docket. The FAA holds it in a separate file to which the public does not have access, and the agency places a note in the docket that it has received it. If the FAA receives a request to examine or copy this information, the FAA treats it as any other request under the Freedom of Information Act, 5 U.S.C. 552. The FAA processes such a request under the DOT procedures found in 49 CFR part 7. Authority for this Rulemaking The FAA’s authority to issue rules on aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency’s authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, ‘‘General requirements.’’ Under that section, the FAA is charged with prescribing regulations required in the interest of safety for the design and performance of aircraft; regulations and minimum standards in the interest of safety for inspecting, servicing, and overhauling aircraft; and regulations for other practices, methods, and procedures the Administrator finds necessary for safety in air commerce. I. Discussion of the Final Rule Section 13.20 of 14 CFR part 13 (Orders of compliance, cease and desist orders, orders of denial, and other orders) applies to a variety of orders issued by the Administrator to carry out the provisions of the Federal Aviation Act of 1958, as amended, the Hazardous Materials Transportation Act, the Airport and Airway Development Act of 1970, and the Airport and Airway Improvement Act of 1982, or the Airport and Airway Improvement Act of 1982 as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987. This section does not apply to orders issued under the authority of 49 U.S.C. 46301 (assessing civil penalties) or 49 U.S.C. 44709 (amendments, modifications, suspensions, and revocations of certain certificates). Paragraph (c) of § 13.20 allows, within 30 days after service of the notice, a person subject to an order to reply in writing or request a hearing in accordance with subpart D of part 13. This rule amends that paragraph to add a third option—an opportunity to be heard in an informal conference with an FAA attorney. The FAA has determined that this third option offers additional fairness and process to those persons who would be the subject of an order PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 46965 issued under § 13.20. In addition, since this opportunity is already available to persons subject to certificate actions under § 13.19 and civil penalty actions under §§ 13.16 and 13.18, it makes sense to add it to § 13.20 for consistency and fairness. Through the mechanism of the informal conference in these other contexts, matters are sometimes resolved or the issues are narrowed. This results in conserving resources, both for respondents and the FAA. The FAA expects these benefits will also be realized for orders issued under § 13.20 when the informal conference option is selected. This rule also amends paragraph (d) of § 13.20 to provide for these informal conferences. Paragraph (d) currently allows a person who files a reply under paragraph (c) to further request a hearing in accordance with Subpart D of part 13 as to any charges not dismissed or not subject to a consent order. The option to request a hearing is expanded to include persons who requested an informal conference. Concurrent with the publication of this rule, the FAA is publishing a final rule entitled ‘‘Repair Stations.’’ One of the main purposes of that rulemaking is to amend the certificate application section to provide the FAA with the ability to deny an application for a repair station certificate to an applicant who previously held a repair station certificate that was revoked or who intends to use certain key management personnel or other persons who could exercise control over the repair station’s operations and who had materially contributed to the circumstances that caused a previous repair station revocation. That action is necessary to provide the FAA with the authority to deny a repair station certificate to an applicant who has violated part 145 regulations to an extent that revocation of the certificate was warranted or who intends to use key decision makers who materially contributed to a prior revocation. During the FAA’s internal review of the Repair Stations final rule, the FAA noted that commenters raised due process issues with respect to how the FAA would determine who these persons were, how it would be determined that they materially contributed to a prior revocation, and what process would be afforded them to challenge such determinations. When considering the commenters’ concerns, the FAA noticed that, although FAA certificate actions and civil penalty actions provide for the opportunity for an informal conference with an FAA attorney, that option is not provided to E:\FR\FM\12AUR1.SGM 12AUR1 46966 Federal Register / Vol. 79, No. 155 / Tuesday, August 12, 2014 / Rules and Regulations pmangrum on DSK3VPTVN1PROD with RULES persons who receive notice of a proposed order under § 13.20. The FAA believes that an amendment to part 13 is necessary to provide the informal conference option to all persons subject to an order issued under § 13.20. This provides a measure of fairness to affected persons, and because matters are sometimes resolved or the issues narrowed at the informal conference stage, this amendment has the potential to conserve resources for both respondents and the FAA. To respond to those concerns, the FAA is adding a paragraph to the ‘‘denial authority’’ section (§ 145.51(f)) in the Repair Station Final Rule that provides that those persons are subject to an order under the procedures set forth in § 13.20. That section provides for notice and the opportunity for a hearing under subpart D of part 13. In addition, we are making a minor clarifying change to paragraph (d). The current rule provides that, if a person files a reply, the person may request a hearing as to any charges not dismissed as a result of the agency’s consideration of the reply. We are replacing the word ‘‘dismissed’’ with ‘‘withdrawn’’ because it more accurately reflects the role of the agency prior to a hearing. As provided in § 13.20(f), it is the role of the Hearing Officer at the close of the hearing to either dismiss the notice or issue an order. This change also aligns the agency’s procedures in other enforcement contexts, for example, in civil penalty and certificate action matters. II. Summary of the Costs and Benefits of the Final Rule Changes to Federal regulations must undergo several economic analyses. First, Executive Order 12866 and Executive Order 13563 direct that each Federal agency shall propose or adopt a regulation only upon a reasoned determination that the benefits of the intended regulation justify its costs. Second, the Regulatory Flexibility Act of 1980 (Pub. L. 96–354) requires agencies to analyze the economic impact of regulatory changes on small entities. Third, the Trade Agreements Act (Pub. L. 96–39) prohibits agencies from setting standards that create unnecessary obstacles to the foreign commerce of the United States. In developing U.S. standards, this Trade Act requires agencies to consider international standards and, where appropriate, that they be the basis of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4) requires agencies to prepare a written assessment of the costs, benefits, and other effects of proposed or final VerDate Mar<15>2010 15:41 Aug 11, 2014 Jkt 232001 rules that include a Federal mandate likely to result in the expenditure by State, local, or tribal governments, in the aggregate, or by the private sector, of $100 million or more annually (adjusted for inflation with base year of 1995). This portion of the preamble summarizes the FAA’s analysis of the economic impacts of this final rule. Department of Transportation Order DOT 2100.5 prescribes policies and procedures for simplification, analysis, and review of regulations. If the expected cost impact is so minimal that a proposed or final rule does not warrant a full evaluation, this order permits that a statement to that effect and the basis for it to be included in the preamble if a full regulatory evaluation of the cost and benefits is not prepared. Such a determination has been made for this final rule. The reasoning for this determination follows: The amendment to § 13.20 allows for informal conference with FAA Counsel for those persons subject to orders of compliance, cease and desist orders, orders of denial, and other orders. This amendment parallels due process already afforded to persons of other enforcement actions (i.e. § 13.16 and § 13.18—civil penalty actions, and § 13.19—certificate actions). Since the amendment provides voluntary opportunity for issues to be resolved, or at least narrowed, prior to a formal hearing, a positive net benefit is realized. Since the expected outcome will be a minimal impact with positive net benefits, a regulatory evaluation was not prepared. The FAA has, therefore, determined that this final rule is not a ‘‘significant regulatory action’’ as defined in section 3(f) of Executive Order 12866, and is not ‘‘significant’’ as defined in DOT’s Regulatory Policies and Procedures. III. Regulatory Notices and Analyses A. Regulatory Flexibility Determination The Regulatory Flexibility Act of 1980 (Pub. L. 96–354) (RFA) establishes ‘‘as a principle of regulatory issuance that agencies shall endeavor, consistent with the objectives of the rule and of applicable statutes, to fit regulatory and informational requirements to the scale of the businesses, organizations, and governmental jurisdictions subject to regulation.’’ To achieve this principle, agencies are required to solicit and consider flexible regulatory proposals and to explain the rationale for their actions to assure that such proposals are given serious consideration.’’ The RFA covers a wide-range of small entities, including small businesses, not-for- PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 profit organizations, and small governmental jurisdictions. Agencies must perform a review to determine whether a rule will have a significant economic impact on a substantial number of small entities. If the agency determines that it will, the agency must prepare a regulatory flexibility analysis as described in the RFA. However, if an agency determines that a rule is not expected to have a significant economic impact on a substantial number of small entities, section 605(b) of the RFA provides that the head of the agency may so certify and a regulatory flexibility analysis is not required. The certification must include a statement providing the factual basis for this determination, and the reasoning should be clear. This final rule provides a positive net benefit to persons subject to orders the opportunity to have informal conference with FAA Counsel prior to a formal hearing. Thus, this rule affects persons, not small entities. If an agency determines that a rulemaking will not result in a significant economic impact on a substantial number of small entities, the head of the agency may so certify under section 605(b) of the RFA. Therefore, as provided in section 605(b), the head of the FAA certifies that this rulemaking will not result in a significant economic impact on a substantial number of small entities. B. International Trade Impact Assessment The Trade Agreements Act of 1979 (Pub. L. 96–39), as amended by the Uruguay Round Agreements Act (Pub. L. 103–465), prohibits Federal agencies from establishing standards or engaging in related activities that create unnecessary obstacles to the foreign commerce of the United States. Pursuant to these Acts, the establishment of standards is not considered an unnecessary obstacle to the foreign commerce of the United States, so long as the standard has a legitimate domestic objective, such as the protection of safety, and does not operate in a manner that excludes imports that meet this objective. The statute also requires consideration of international standards and, where appropriate, that they be the basis for U.S. standards. The FAA has assessed the potential effect of this final rule and determined that it offers the same positive net benefit to all persons regardless of nationality and thus has a neutral trade impact. E:\FR\FM\12AUR1.SGM 12AUR1 Federal Register / Vol. 79, No. 155 / Tuesday, August 12, 2014 / Rules and Regulations C. Unfunded Mandates Assessment Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4) requires each Federal agency to prepare a written statement assessing the effects of any Federal mandate in a proposed or final agency rule that may result in an expenditure of $100 million or more (in 1995 dollars) in any one year by State, local, and tribal governments, in the aggregate, or by the private sector; such a mandate is deemed to be a ‘‘significant regulatory action.’’ The FAA currently uses an inflation-adjusted value of $151 million in lieu of $100 million. This final rule does not contain such a mandate; therefore, the requirements of Title II of the Act do not apply. D. Paperwork Reduction Act The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires that the FAA consider the impact of paperwork and other information collection burdens imposed on the public. The FAA has determined that there is no new requirement for information collection associated with this final rule. pmangrum on DSK3VPTVN1PROD with RULES E. International Compatibility and Cooperation (1) In keeping with U.S. obligations under the Convention on International Civil Aviation, it is FAA policy to conform to International Civil Aviation Organization (ICAO) Standards and Recommended Practices to the maximum extent practicable. The FAA has reviewed the corresponding ICAO Standards and Recommended Practices and has identified no differences with these regulations. (2) Executive Order 13609, Promoting International Regulatory Cooperation, promotes international regulatory cooperation to meet shared challenges involving health, safety, labor, security, environmental, and other issues and to reduce, eliminate, or prevent unnecessary differences in regulatory requirements. The FAA has analyzed this action under the policies and agency responsibilities of Executive Order 13609, and has determined that this action would have no effect on international regulatory cooperation. F. Environmental Analysis FAA Order 1050.1E identifies FAA actions that are categorically excluded from preparation of an environmental assessment or environmental impact statement under the National Environmental Policy Act in the absence of extraordinary circumstances. The FAA has determined this rulemaking action qualifies for the categorical exclusion identified in VerDate Mar<15>2010 15:41 Aug 11, 2014 Jkt 232001 46967 Chapter 3, paragraph 312d and involves no extraordinary circumstances. C. Small Business Regulatory Enforcement Fairness Act IV. Executive Order Determinations The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996 requires FAA to comply with small entity requests for information or advice about compliance with statutes and regulations within its jurisdiction. A small entity with questions regarding this document, may contact its local FAA official, or the person listed under the FOR FURTHER INFORMATION CONTACT heading at the beginning of the preamble. To find out more about SBREFA on the Internet, visit http:// www.faa.gov/regulations_policies/ rulemaking/sbre_act/. A. Executive Order 13132, Federalism The FAA has analyzed this final rule under the principles and criteria of Executive Order 13132, Federalism. The agency determined that this action will not have a substantial direct effect on the States, or the relationship between the Federal Government and the States, or on the distribution of power and responsibilities among the various levels of government, and, therefore, does not have Federalism implications. B. Executive Order 13211, Regulations That Significantly Affect Energy Supply, Distribution, or Use List of Subjects in 14 CFR Part 13 The FAA analyzed this final rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use (May 18, 2001). The agency has determined that it is not a ‘‘significant energy action’’ under the executive order and it is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Amendment Administrative practice and procedure, Air transportation, Hazardous materials transportation, Investigations, Law enforcement, Penalties. In consideration of the foregoing, the Federal Aviation amends Chapter I of Title 14, Code of Federal Regulations, as follows: V. How To Obtain Additional Information PART 13—INVESTIGATIVE AND ENFORCEMENT PROCEDURES A. Rulemaking Documents ■ An electronic copy of a rulemaking document may be obtained by using the Internet— 1. Search the Federal eRulemaking Portal (http://www.regulations.gov); 2. Visit the FAA’s Regulations and Policies Web page at http:// www.faa.gov/regulations_policies/ or 3. Access the Government Printing Office’s Web page at: http:// www.gpo.gov/fdsys/. Copies may also be obtained by sending a request (identified by notice, amendment, or docket number of this rulemaking) to the Federal Aviation Administration, Office of Rulemaking, ARM–1, 800 Independence Avenue SW., Washington, DC 20591, or by calling (202) 267–9680. B. Comments Submitted to the Docket Comments received may be viewed by going to http://www.regulations.gov and following the online instructions to search the docket number for this action. Anyone is able to search the electronic form of all comments received into any of the FAA’s dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 1. Revise the authority citation for part 13 to read as follows: Authority: 18 U.S.C. 6002; 28 U.S.C. 2461 (note); 49 U.S.C. 106(g), 5121–5128, 40113– 40114, 44103–44106, 44701–44703, 44709– 44710, 44713, 46101–46111, 46301, 46302 (for a violation of 49 U.S.C. 46504), 46304– 46316, 46318, 46501–46502, 46504–46507, 47106, 47107, 47111, 47122, 47306, 47531– 47532; 49 CFR 1.47. 2. Amend § 13.20 by revising paragraphs (c) and (d) to read as follows: ■ 13.20 Orders of compliance, cease and desist orders, orders of denial, and other orders * * * * * (c) Within 30 days after service of the notice, the person subject to the order may’’ (1) Request an opportunity to be heard in an informal conference with an FAA attorney; (2) Reply in writing; or (3) Request a hearing in accordance with subpart D of this part. (d) If an informal conference is held or a reply is filed, as to any charges not withdrawn or not subject to a consent order, the person subject to the order may, within 10 days after receipt of notice that the remaining charges are not withdrawn, request a hearing in accordance with subpart D of this part. * * * * * E:\FR\FM\12AUR1.SGM 12AUR1 46968 Federal Register / Vol. 79, No. 155 / Tuesday, August 12, 2014 / Rules and Regulations Issued under authority of 49 U.S.C. 106 and 44701 in Washington, DC, on July 17, 2014. Michael P. Huerta, Administrator. [FR Doc. 2014–18294 Filed 8–11–14; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2014–0490; Directorate Identifier 2014–NM–133–AD; Amendment 39–17926; AD 2014–16–02] RIN 2120–AA64 Airworthiness Directives; Bombardier, Inc. Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. AGENCY: Examining the AD Docket We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model CL–600–1A11 (CL–600) airplanes. This AD requires revising the airplane flight manual to prohibit thrust reverser operation, and repetitive detailed inspections of both engine thrust reversers for cracks and modification if necessary. The modification of the thrust reversers is also an optional terminating action for the repetitive inspections. This AD was prompted by reports of partial deployment of an engine thrust reverser in-flight caused by a failure of the translating sleeve at the thrust reverser attachment points. We are issuing this AD to detect and correct cracks of the translating sleeve at the thrust reverser actuator attachment points, which could result in deployment or dislodgement of an engine thrust reverser in-flight and subsequent reduced control of the airplane. SUMMARY: This AD becomes effective August 12, 2014. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of August 12, 2014. We must receive comments on this AD by September 26, 2014. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments. • Fax: 202–493–2251. pmangrum on DSK3VPTVN1PROD with RULES DATES: VerDate Mar<15>2010 15:41 Aug 11, 2014 Jkt 232001 • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. • Hand Delivery: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this AD, contact Bombardier, Inc., 400 ˆ ´ Cote-Vertu Road West, Dorval, Quebec H4S 1Y9, Canada; telephone 514–855– 5000; fax 514–855–7401; email thd.crj@ aero.bombardier.com; Internet http:// www.bombardier.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. You may examine the AD docket on the Internet at http:// www.regulations.gov by searching for and locating Docket No. FAA–2014– 0490; or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone 800–647–5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Fabio Buttitta, Aerospace Engineer, Airframe and Mechanical Systems Branch, ANE–171, FAA, New York Aircraft Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516–228–7303; fax 516–794–5531. SUPPLEMENTARY INFORMATION: Discussion Transport Canada Civil Aviation (TCCA), which is the aviation authority for Canada, has issued Canadian Emergency Airworthiness Directive CF– 2014–19, dated June 20, 2014 (referred to after this as the Mandatory Continuing Airworthiness Information, or ‘‘the MCAI’’), to correct an unsafe condition for certain Bombardier, Inc. Model CL–600–1A11 (CL–600) airplanes. The MCAI states: There have been two reported incidents of partial deployment of an engine thrust reverser in-flight, caused by a failure of the translating sleeve at the thrust reverser PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 actuator attachment points. Inspection of the same area on some other thrust reversers revealed cracks emanating from the holes under the nut plates. In both incidents, the affected aeroplane landed safely without any noticeable controllability issues, however structural failure of thrust reverser actuator attachment points resulting in thrust reverser deployment or dislodgment in flight [and subsequent reduced control of the airplane] is a safety hazard warranting an immediate mitigating action. To help in mitigating any immediate safety hazard, Bombardier Inc. has revised the Aircraft Flight Manual (AFM) through Temporary Revisions (TR) 600/29, 600/30, 600–1/24 and 600–1/26, to prohibit the thrust reverser operation on affected aeroplanes. Additionally, as an interim corrective action, Bombardier Inc. has issued alert service bulletin (ASB) A600–0769 requiring an inspection and/or a mechanical lock out of the thrust reverser to prevent it from moving out of forward thrust mode. This [Canadian] AD is issued to mandate the incorporation of revised AFM procedures per TR 600/29, 600/30, 600–1/24 and 600–1/ 26 and compliance with ASB A600–0769 for all affected CL–600–1A11 aeroplanes. Required actions also include repetitive detailed inspections (including a borescope inspection) of both engine thrust reversers for cracks, and modifying the thrust reversers if necessary. Modifying the thrust reversers terminates the detailed inspections. You may examine the MCAI on the Internet at http:// www.regulations.gov by searching for and locating Docket No. FAA–2014– 0490. Relevant Service Information Bombardier, Inc. has issued the following service information. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. • Bombardier Alert Service Bulletin A600–0769, Revision 01, dated June 26, 2014. • Canadair Temporary Revision (TR) 600/29, dated June 20, 2014, to the Canadair CL–600–1A11 Airplane Flight Manual (AFM). • Canadair TR 600/30, dated June 6, 2014, to the Canadair CL–600–1A11 AFM. • Canadair TR 600–1/24, dated June 20, 2014, to the Canadair CL–600–1A11 AFM (Winglets) including Erratum, Publication No. PSP 600–1AFM (US), TR No. 600–1/24, June 20, 2014. • Canadair TR 600–1/26, dated June 6, 2014, to the Canadair CL–600–1A11 AFM (Winglets). E:\FR\FM\12AUR1.SGM 12AUR1

Agencies

[Federal Register Volume 79, Number 155 (Tuesday, August 12, 2014)]
[Rules and Regulations]
[Pages 46964-46968]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-18294]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 13

[Docket No.: FAA-2014-0505; Amdt. No. 13-36]
RIN 2120-AK43


Orders of Compliance, Cease and Desist Orders, Orders of Denial, 
and Other Orders

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Immediate final rule; request for comments.

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SUMMARY: This rulemaking provides the opportunity for an informal 
conference with an FAA attorney before an order is issued under the 
FAA's regulation covering orders other than certificate action and 
civil penalty orders. This change is necessary to provide additional 
fairness and process to those persons who are subject to such an order, 
and is consistent with the process available in other enforcement 
actions. These conferences may result in either a resolution of the 
matter or a narrowing of the issues, thereby conserving resources for 
respondents and the FAA.

DATES: Effective October 14, 2014.
    Submit comments on or before September 11, 2014.

ADDRESSES: Send comments identified by docket number, FAA-2014-0505 
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your 
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S. 
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room 
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at 202-493-2251.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments 
from the public to better inform its rulemaking process. DOT posts 
these comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at 
http://www.regulations.gov at any time. Follow the online instructions 
for accessing the docket or Docket Operations in Room W12-140 of the 
West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, 
DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: For technical or legal questions 
concerning this action, contact Edmund Averman, Office of the Chief 
Counsel (AGC-210), Federal Aviation Administration, 800 Independence 
Avenue SW., Washington, DC 20591; telephone (202) 267-3147; email 
Ed.Averman@faa.gov.

SUPPLEMENTARY INFORMATION:

Good Cause for Immediate Adoption

    Section 553(b)(3)(A) of the Administrative Procedure Act (APA) (5 
U.S.C. 553) authorizes agencies to dispense with notice and comment 
procedures for rules when the agency for ``good cause'' finds that 
those procedures are ``impracticable, unnecessary, or contrary to the 
public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without seeking comment prior to the 
rulemaking.
    The FAA finds that notice and public comment to this immediately 
adopted final rule are impracticable, unnecessary, and contrary to the 
public interest. This rulemaking provides the opportunity for an 
informal conference with an FAA attorney before an order is issued 
under Sec.  13.20. Since this change provides additional fairness and 
process to those persons who are subject to such an order, this 
amendment should not adversely impact those covered by an order. In 
fact, these conferences may result in a resolution of the matter or, in 
some cases, a narrowing of the issues, thereby conserving resources for 
respondents and the FAA. Finally, these conferences are optional.

[[Page 46965]]

    Therefore, the FAA has determined that notice and public comment 
are unnecessary.

Comments Invited

    For the reasons noted above, the FAA is adopting this final rule 
without prior notice and public comment. The Regulatory Policies and 
Procedures of the Department of Transportation (DOT) (44 FR 1134; 
February 26, 1979), provide that, to the maximum extent possible, 
operating administrations for the DOT should provide an opportunity for 
public comment on regulations issued without prior notice.
    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. The agency 
also invites comments relating to the economic, environmental, energy, 
or federalism impacts that might result from adopting the changes. The 
most helpful comments reference a specific portion of this rule, 
explain the reason for any recommended change, and include supporting 
data. To ensure the docket does not contain duplicate comments, please 
send only one copy of written comments, or, if you are filing comments 
electronically, please submit your comments only one time.
    The FAA will file in the docket all comments we receive, as well as 
a report summarizing each substantive public contact with FAA personnel 
concerning this rulemaking. Once the comment period closes, the FAA 
will review and dispose of the comments filed in the rulemaking docket. 
Because this is a final rule, the FAA will publish a disposition of 
comments in the Federal Register. Based on the comments received, the 
FAA will state whether it has decided that (i) no action is necessary 
other than publishing the disposition of comments in the Federal 
Register, or (ii) the FAA should prepare a revised final rule.

Proprietary or Confidential Business Information

    Do not file in the docket information that you consider to be 
proprietary or confidential business information. Send or deliver this 
information directly to the person identified in the FOR FURTHER 
INFORMATION CONTACT section of this document. Mark the information that 
is considered proprietary or confidential. If the information is on a 
disk or CD ROM, mark the outside of the disk or CD ROM and also 
identify electronically within the disk or CD ROM the specific 
information that is proprietary or confidential.
    Under 14 CFR 11.35(b), when the FAA is aware of proprietary 
information filed with a comment, the agency does not place it in the 
docket. The FAA holds it in a separate file to which the public does 
not have access, and the agency places a note in the docket that it has 
received it. If the FAA receives a request to examine or copy this 
information, the FAA treats it as any other request under the Freedom 
of Information Act, 5 U.S.C. 552. The FAA processes such a request 
under the DOT procedures found in 49 CFR part 7.

Authority for this Rulemaking

    The FAA's authority to issue rules on aviation safety is found in 
Title 49 of the United States Code. Subtitle I, Section 106 describes 
the authority of the FAA Administrator. Subtitle VII, Aviation 
Programs, describes in more detail the scope of the agency's authority.
    This rulemaking is promulgated under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, the FAA is charged with prescribing 
regulations required in the interest of safety for the design and 
performance of aircraft; regulations and minimum standards in the 
interest of safety for inspecting, servicing, and overhauling aircraft; 
and regulations for other practices, methods, and procedures the 
Administrator finds necessary for safety in air commerce.

I. Discussion of the Final Rule

    Section 13.20 of 14 CFR part 13 (Orders of compliance, cease and 
desist orders, orders of denial, and other orders) applies to a variety 
of orders issued by the Administrator to carry out the provisions of 
the Federal Aviation Act of 1958, as amended, the Hazardous Materials 
Transportation Act, the Airport and Airway Development Act of 1970, and 
the Airport and Airway Improvement Act of 1982, or the Airport and 
Airway Improvement Act of 1982 as amended by the Airport and Airway 
Safety and Capacity Expansion Act of 1987. This section does not apply 
to orders issued under the authority of 49 U.S.C. 46301 (assessing 
civil penalties) or 49 U.S.C. 44709 (amendments, modifications, 
suspensions, and revocations of certain certificates).
    Paragraph (c) of Sec.  13.20 allows, within 30 days after service 
of the notice, a person subject to an order to reply in writing or 
request a hearing in accordance with subpart D of part 13. This rule 
amends that paragraph to add a third option--an opportunity to be heard 
in an informal conference with an FAA attorney. The FAA has determined 
that this third option offers additional fairness and process to those 
persons who would be the subject of an order issued under Sec.  13.20. 
In addition, since this opportunity is already available to persons 
subject to certificate actions under Sec.  13.19 and civil penalty 
actions under Sec. Sec.  13.16 and 13.18, it makes sense to add it to 
Sec.  13.20 for consistency and fairness.
    Through the mechanism of the informal conference in these other 
contexts, matters are sometimes resolved or the issues are narrowed. 
This results in conserving resources, both for respondents and the FAA. 
The FAA expects these benefits will also be realized for orders issued 
under Sec.  13.20 when the informal conference option is selected.
    This rule also amends paragraph (d) of Sec.  13.20 to provide for 
these informal conferences. Paragraph (d) currently allows a person who 
files a reply under paragraph (c) to further request a hearing in 
accordance with Subpart D of part 13 as to any charges not dismissed or 
not subject to a consent order. The option to request a hearing is 
expanded to include persons who requested an informal conference.
    Concurrent with the publication of this rule, the FAA is publishing 
a final rule entitled ``Repair Stations.'' One of the main purposes of 
that rulemaking is to amend the certificate application section to 
provide the FAA with the ability to deny an application for a repair 
station certificate to an applicant who previously held a repair 
station certificate that was revoked or who intends to use certain key 
management personnel or other persons who could exercise control over 
the repair station's operations and who had materially contributed to 
the circumstances that caused a previous repair station revocation. 
That action is necessary to provide the FAA with the authority to deny 
a repair station certificate to an applicant who has violated part 145 
regulations to an extent that revocation of the certificate was 
warranted or who intends to use key decision makers who materially 
contributed to a prior revocation.
    During the FAA's internal review of the Repair Stations final rule, 
the FAA noted that commenters raised due process issues with respect to 
how the FAA would determine who these persons were, how it would be 
determined that they materially contributed to a prior revocation, and 
what process would be afforded them to challenge such determinations. 
When considering the commenters' concerns, the FAA noticed that, 
although FAA certificate actions and civil penalty actions provide for 
the opportunity for an informal conference with an FAA attorney, that 
option is not provided to

[[Page 46966]]

persons who receive notice of a proposed order under Sec.  13.20. The 
FAA believes that an amendment to part 13 is necessary to provide the 
informal conference option to all persons subject to an order issued 
under Sec.  13.20. This provides a measure of fairness to affected 
persons, and because matters are sometimes resolved or the issues 
narrowed at the informal conference stage, this amendment has the 
potential to conserve resources for both respondents and the FAA.
    To respond to those concerns, the FAA is adding a paragraph to the 
``denial authority'' section (Sec.  145.51(f)) in the Repair Station 
Final Rule that provides that those persons are subject to an order 
under the procedures set forth in Sec.  13.20. That section provides 
for notice and the opportunity for a hearing under subpart D of part 
13.
    In addition, we are making a minor clarifying change to paragraph 
(d). The current rule provides that, if a person files a reply, the 
person may request a hearing as to any charges not dismissed as a 
result of the agency's consideration of the reply. We are replacing the 
word ``dismissed'' with ``withdrawn'' because it more accurately 
reflects the role of the agency prior to a hearing. As provided in 
Sec.  13.20(f), it is the role of the Hearing Officer at the close of 
the hearing to either dismiss the notice or issue an order. This change 
also aligns the agency's procedures in other enforcement contexts, for 
example, in civil penalty and certificate action matters.

II. Summary of the Costs and Benefits of the Final Rule

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 and Executive Order 13563 direct 
that each Federal agency shall propose or adopt a regulation only upon 
a reasoned determination that the benefits of the intended regulation 
justify its costs. Second, the Regulatory Flexibility Act of 1980 (Pub. 
L. 96-354) requires agencies to analyze the economic impact of 
regulatory changes on small entities. Third, the Trade Agreements Act 
(Pub. L. 96-39) prohibits agencies from setting standards that create 
unnecessary obstacles to the foreign commerce of the United States. In 
developing U.S. standards, this Trade Act requires agencies to consider 
international standards and, where appropriate, that they be the basis 
of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995 
(Pub. L. 104-4) requires agencies to prepare a written assessment of 
the costs, benefits, and other effects of proposed or final rules that 
include a Federal mandate likely to result in the expenditure by State, 
local, or tribal governments, in the aggregate, or by the private 
sector, of $100 million or more annually (adjusted for inflation with 
base year of 1995). This portion of the preamble summarizes the FAA's 
analysis of the economic impacts of this final rule.
    Department of Transportation Order DOT 2100.5 prescribes policies 
and procedures for simplification, analysis, and review of regulations. 
If the expected cost impact is so minimal that a proposed or final rule 
does not warrant a full evaluation, this order permits that a statement 
to that effect and the basis for it to be included in the preamble if a 
full regulatory evaluation of the cost and benefits is not prepared. 
Such a determination has been made for this final rule. The reasoning 
for this determination follows:
    The amendment to Sec.  13.20 allows for informal conference with 
FAA Counsel for those persons subject to orders of compliance, cease 
and desist orders, orders of denial, and other orders. This amendment 
parallels due process already afforded to persons of other enforcement 
actions (i.e. Sec.  13.16 and Sec.  13.18--civil penalty actions, and 
Sec.  13.19--certificate actions). Since the amendment provides 
voluntary opportunity for issues to be resolved, or at least narrowed, 
prior to a formal hearing, a positive net benefit is realized.
    Since the expected outcome will be a minimal impact with positive 
net benefits, a regulatory evaluation was not prepared.
    The FAA has, therefore, determined that this final rule is not a 
``significant regulatory action'' as defined in section 3(f) of 
Executive Order 12866, and is not ``significant'' as defined in DOT's 
Regulatory Policies and Procedures.

III. Regulatory Notices and Analyses

A. Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA) 
establishes ``as a principle of regulatory issuance that agencies shall 
endeavor, consistent with the objectives of the rule and of applicable 
statutes, to fit regulatory and informational requirements to the scale 
of the businesses, organizations, and governmental jurisdictions 
subject to regulation.'' To achieve this principle, agencies are 
required to solicit and consider flexible regulatory proposals and to 
explain the rationale for their actions to assure that such proposals 
are given serious consideration.'' The RFA covers a wide-range of small 
entities, including small businesses, not-for-profit organizations, and 
small governmental jurisdictions.
    Agencies must perform a review to determine whether a rule will 
have a significant economic impact on a substantial number of small 
entities. If the agency determines that it will, the agency must 
prepare a regulatory flexibility analysis as described in the RFA. 
However, if an agency determines that a rule is not expected to have a 
significant economic impact on a substantial number of small entities, 
section 605(b) of the RFA provides that the head of the agency may so 
certify and a regulatory flexibility analysis is not required. The 
certification must include a statement providing the factual basis for 
this determination, and the reasoning should be clear.
    This final rule provides a positive net benefit to persons subject 
to orders the opportunity to have informal conference with FAA Counsel 
prior to a formal hearing. Thus, this rule affects persons, not small 
entities.
    If an agency determines that a rulemaking will not result in a 
significant economic impact on a substantial number of small entities, 
the head of the agency may so certify under section 605(b) of the RFA. 
Therefore, as provided in section 605(b), the head of the FAA certifies 
that this rulemaking will not result in a significant economic impact 
on a substantial number of small entities.

B. International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the 
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal 
agencies from establishing standards or engaging in related activities 
that create unnecessary obstacles to the foreign commerce of the United 
States. Pursuant to these Acts, the establishment of standards is not 
considered an unnecessary obstacle to the foreign commerce of the 
United States, so long as the standard has a legitimate domestic 
objective, such as the protection of safety, and does not operate in a 
manner that excludes imports that meet this objective. The statute also 
requires consideration of international standards and, where 
appropriate, that they be the basis for U.S. standards. The FAA has 
assessed the potential effect of this final rule and determined that it 
offers the same positive net benefit to all persons regardless of 
nationality and thus has a neutral trade impact.

[[Page 46967]]

C. Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement 
assessing the effects of any Federal mandate in a proposed or final 
agency rule that may result in an expenditure of $100 million or more 
(in 1995 dollars) in any one year by State, local, and tribal 
governments, in the aggregate, or by the private sector; such a mandate 
is deemed to be a ``significant regulatory action.'' The FAA currently 
uses an inflation-adjusted value of $151 million in lieu of $100 
million. This final rule does not contain such a mandate; therefore, 
the requirements of Title II of the Act do not apply.

D. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires 
that the FAA consider the impact of paperwork and other information 
collection burdens imposed on the public. The FAA has determined that 
there is no new requirement for information collection associated with 
this final rule.

E. International Compatibility and Cooperation

    (1) In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to conform to 
International Civil Aviation Organization (ICAO) Standards and 
Recommended Practices to the maximum extent practicable. The FAA has 
reviewed the corresponding ICAO Standards and Recommended Practices and 
has identified no differences with these regulations.
    (2) Executive Order 13609, Promoting International Regulatory 
Cooperation, promotes international regulatory cooperation to meet 
shared challenges involving health, safety, labor, security, 
environmental, and other issues and to reduce, eliminate, or prevent 
unnecessary differences in regulatory requirements. The FAA has 
analyzed this action under the policies and agency responsibilities of 
Executive Order 13609, and has determined that this action would have 
no effect on international regulatory cooperation.

F. Environmental Analysis

    FAA Order 1050.1E identifies FAA actions that are categorically 
excluded from preparation of an environmental assessment or 
environmental impact statement under the National Environmental Policy 
Act in the absence of extraordinary circumstances. The FAA has 
determined this rulemaking action qualifies for the categorical 
exclusion identified in Chapter 3, paragraph 312d and involves no 
extraordinary circumstances.

IV. Executive Order Determinations

A. Executive Order 13132, Federalism

    The FAA has analyzed this final rule under the principles and 
criteria of Executive Order 13132, Federalism. The agency determined 
that this action will not have a substantial direct effect on the 
States, or the relationship between the Federal Government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, and, therefore, does not have Federalism 
implications.

B. Executive Order 13211, Regulations That Significantly Affect Energy 
Supply, Distribution, or Use

    The FAA analyzed this final rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use (May 18, 2001). The agency has determined that it 
is not a ``significant energy action'' under the executive order and it 
is not likely to have a significant adverse effect on the supply, 
distribution, or use of energy.

V. How To Obtain Additional Information

A. Rulemaking Documents

    An electronic copy of a rulemaking document may be obtained by 
using the Internet--
    1. Search the Federal eRulemaking Portal (http://www.regulations.gov);
    2. Visit the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies/ or
    3. Access the Government Printing Office's Web page at: http://www.gpo.gov/fdsys/.
    Copies may also be obtained by sending a request (identified by 
notice, amendment, or docket number of this rulemaking) to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue SW., Washington, DC 20591, or by calling (202) 267-9680.

B. Comments Submitted to the Docket

    Comments received may be viewed by going to http://www.regulations.gov and following the online instructions to search the 
docket number for this action. Anyone is able to search the electronic 
form of all comments received into any of the FAA's dockets by the name 
of the individual submitting the comment (or signing the comment, if 
submitted on behalf of an association, business, labor union, etc.).

C. Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires FAA to comply with small entity requests for information 
or advice about compliance with statutes and regulations within its 
jurisdiction. A small entity with questions regarding this document, 
may contact its local FAA official, or the person listed under the FOR 
FURTHER INFORMATION CONTACT heading at the beginning of the preamble. 
To find out more about SBREFA on the Internet, visit http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.

List of Subjects in 14 CFR Part 13

    Administrative practice and procedure, Air transportation, 
Hazardous materials transportation, Investigations, Law enforcement, 
Penalties.

The Amendment

    In consideration of the foregoing, the Federal Aviation amends 
Chapter I of Title 14, Code of Federal Regulations, as follows:

PART 13--INVESTIGATIVE AND ENFORCEMENT PROCEDURES

0
1. Revise the authority citation for part 13 to read as follows:

    Authority:  18 U.S.C. 6002; 28 U.S.C. 2461 (note); 49 U.S.C. 
106(g), 5121-5128, 40113-40114, 44103-44106, 44701-44703, 44709-
44710, 44713, 46101-46111, 46301, 46302 (for a violation of 49 
U.S.C. 46504), 46304-46316, 46318, 46501-46502, 46504-46507, 47106, 
47107, 47111, 47122, 47306, 47531-47532; 49 CFR 1.47.

0
2. Amend Sec.  13.20 by revising paragraphs (c) and (d) to read as 
follows:


13.20   Orders of compliance, cease and desist orders, orders of 
denial, and other orders

* * * * *
    (c) Within 30 days after service of the notice, the person subject 
to the order may''
    (1) Request an opportunity to be heard in an informal conference 
with an FAA attorney;
    (2) Reply in writing; or
    (3) Request a hearing in accordance with subpart D of this part.
    (d) If an informal conference is held or a reply is filed, as to 
any charges not withdrawn or not subject to a consent order, the person 
subject to the order may, within 10 days after receipt of notice that 
the remaining charges are not withdrawn, request a hearing in 
accordance with subpart D of this part.
* * * * *


[[Page 46968]]


    Issued under authority of 49 U.S.C. 106 and 44701 in Washington, 
DC, on July 17, 2014.
Michael P. Huerta,
Administrator.
[FR Doc. 2014-18294 Filed 8-11-14; 8:45 am]
BILLING CODE 4910-13-P